The experience of an accident is a traumatic event in itself, but when that accident results in a fatality, it can have devastating effects that last a lifetime. If you’ve suffered the loss of a loved one as the result of an accident in Del Rio, there are many legal issues for you to consider. It can be a confusing time in your life as you sort through not only the emotional impact of the death of a family member, but also the legal issues surrounding your loss. Fortunately, you don’t have to go through this tragedy alone.
If the death has come about as the result of another party’s negligence, state laws in Texas establish parameters by which a wrongful death claim may be pursued. In Del Rio, recovering for the surviving family is most successfully pursued by a knowledgeable attorney who can help you understand not only how negligence on the part of another can be established in a wrongful death claim, but also how the applicable laws are relevant to your situation.
Who Can File a ClaimThe first thing to consider is who is eligible to file a wrongful death claim. Surviving spouses, children, and parents in Del Rio have this option available to them. They may file the claim individually or as a group. Your attorney can help you determine what would be best for your specific situation.
It’s important to remember that a wrongful death claim must be filed within 90 days, after which the claim may be filed by the executor of the estate. Texas law also allows adult and adopted children to file wrongful death claims on behalf of a deceased parent. It should be noted, however, that siblings are not eligible to file wrongful death claims on behalf of each other.
Questions About CompensationIn Del Rio, recovering for the surviving family raises many questions. What can you expect to be compensated? What are the legal procedures you can expect to face? An attorney is best equipped to assist you through this process.
Del Rio wrongful death claims seek financial recovery for a variety of issues that are impacted by a loved one’s death. This can include real costs such as a loss of earnings or loss of inheritance, but can also cover intangible losses. These are typically more relational in nature and can refer to mental and emotional pain and suffering, but also the loss of companionship and support that comes from the familial structure.
Proving Negligence and Liability for CompensationIn Del Rio, recovering for the surviving family depends on your lawyer’s ability to prove liability. If it can be determined the party responsible for the fatal accident was negligent due to a willful act or omission of action, then there may be consideration to award punitive damages for the surviving family members. These are referred to as “exemplary damages,” and they are intended to punish the responsible party.
When you have suffered the loss of a parent or child in Del Rio as the result of someone else’s negligence, you are legally entitled to have the responsible party held accountable and to be compensated for your loss. This process is often a long, stressful, and complicated one, and it’s not something you should pursue on your own. You want the help of a skilled and experienced lawyer on your side.
The Del Rio insurance claim lawyers of Carabin Shaw have the resources you need to protect your rights and are dedicated to making sure you have a voice in the legal process. They have extensive experience in the pursuit of wrongful death claims for residents of Del Rio.
Your first visit with one of our lawyers is free of charge, and we work on a contingency fee basis. This means that our attorneys won’t charge you any fees until we win your case for you.
To schedule a free consultation with one of our lawyers in Del Rio, call us toll-free at 800-862-1260.